SENATE  BILL 
No. 805



   October 13, 1999, Introduced by Senators ROGERS and HAMMERSTROM and referred to the
        Committee on Human Resources, Labor, Senior Citizens and Veterans Affairs.



        A bill to amend 1937 PA 306, entitled

   "An act to promote the safety, welfare and educational interests
   of the people of the state of Michigan by regulating the con-
   struction, reconstruction and remodeling of certain public or
   private school buildings or additions thereto, by regulating the
   construction, reconstruction and remodeling of buildings leased
   or acquired for school purposes, and to define the class of
   buildings affected by this act; to prescribe the powers and
   duties of the superintendent of public instruction, the state
   fire marshal, architects, engineers and school board members with
   respect thereto; to prescribe penalties for the violation of this
   act; and to repeal all acts and parts of acts, general, local and
   special, inconsistent with or contrary to the provisions of this
   act,"

   by amending section 1 (MCL 388.851) and by adding section 1b.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 1.  No  A school building, public or
             private, or ANY

 2    additions,  thereto,  shall NOT be erected,
             remodeled, or recon-

 3    structed in  the  THIS state except  it be
              in conformity with

 4    ALL OF the following provisions:




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 1         (a) All plans and specifications for buildings shall be

 2    prepared by, and the construction supervised by, an architect or

 3    engineer who is registered in  the  THIS state.
              of Michigan.

 4     Before the construction, reconstruction or remodeling of any

 5     school building or addition thereto is commenced, the
                       written

 6     approval of the plans and specifications by the
                       superintendent of

 7     public instruction or his authorized agent shall be
                       obtained.

 8     The superintendent of public instruction or his authorized
                       agent

 9     shall not issue such approval until he has secured in
                       writing the

10     approval of the state fire marshal, or the appropriate
                       municipal

11     official when certification as described in section 3 has
                       been

12     made, relative to factors concerning fire safety and of the

13     health department having jurisdiction relative to factors
                       affect-

14     ing water supply, sanitation and food handling.

15          The superintendent of public instruction shall publish
                       an

16     informative bulletin which shall set forth good school
                       building

17     planning procedures and interpret clearly the provisions of
                       this

18     act.  The bulletin shall be prepared in cooperation with the

19     state fire marshal and the state health commissioner and,
                       insofar

20     as requirements for approval of plans are concerned, shall
                       be

21     consistent with recognized good practice as evidenced by
                       stan-

22     dards adopted by nationally recognized authorities in the
                       fields

23     of fire protection and health. 

24         (b) All walls, floors, partitions, and roofs shall be con-

25    structed of fire-resisting materials such as stone, brick, tile,

26    concrete, gypsum, steel, or similar fire-resisting material.  All





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 1    steel members shall be protected by at least 3/4 of an inch of

 2    fire-resisting material.

 3         (c)  No wood  WOOD lath or wood furring shall
             NOT be used IN

 4    THE CONSTRUCTION.  These regulations shall not be construed as

 5    prohibiting the use of finished wood flooring, wood door and

 6    window frames, wood sash, or wood furring and grounds, for the

 7    purpose of installing wood trim, panelling, acoustical units, or

 8    similar facing materials on masonry walls, structural steel, or

 9    concrete ceiling members.

10         (d) Every room enclosing a heating unit shall be enclosed by

11    walls of fire-resisting materials and shall be equipped with

12    automatically closing fire doors.  ; and said  ALL
             heating  unit 

13    UNITS shall not be located directly beneath any portion of a

14    school building or addition  thereto which  THAT is
             constructed

15    or reconstructed after the effective date of  this 
             THE act THAT

16    ADDED SECTION 1B.  This regulation shall not be construed to

17    require the removal of an existing heating plant from beneath an

18    existing building when an addition to  such  THE
             building is con-

19    structed unless  the state superintendent of public
             instruction

20     or his authorized agent, acting jointly with  the
                       state fire

21    marshal  , shall so require  REQUIRES SUCH LOCATION
             in the inter-

22    ests of the public safety.  In any school where natural gas or

23    any other kind of gas is used for heating purposes, the gas shall

24    be chemically treated before being used in such a manner as to

25    give a very distinguishable odor if any leak should develop in

26    the heating system.





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 1         (e) In gymnasiums, fire-proofings may be omitted from the

 2    trusses and purlins if they are more than 16 feet off the main

 3    floor level.  The architect or engineer shall provide adequate

 4    exits from all parts of school buildings.  In all cases, there

 5    shall be at least 2 stairways and the distance from the door of

 6    any class or assembly room to a stairway or exit shall not exceed

 7    100 feet.

 8         (f) Provisions in subdivisions (b) to (e) may be waived in

 9    writing by the state fire marshal.

10         (G) COMPLIANCE WITH SECTION 1B.

11         SEC. 1B.  (1) EXCEPT AS PROVIDED IN SUBSECTION (3), THE

12    EXECUTIVE DIRECTOR OF THE BUREAU OF CONSTRUCTION CODES WITHIN THE

13    DEPARTMENT OF LABOR IS RESPONSIBLE FOR THE ADMINISTRATION AND

14    ENFORCEMENT OF THIS ACT AND THE STATE CONSTRUCTION CODE ACT OF

15    1972, 1972 PA 230, MCL 125.1501 TO 125.1531, IN EACH SCHOOL

16    BUILDING IN THIS STATE.

17         (2) EXCEPT AS PROVIDED IN SUBSECTION (3), THE BUREAU OF CON-

18    STRUCTION CODES SHALL PERFORM FOR SCHOOL BUILDINGS ALL PLAN

19    REVIEWS AND INSPECTIONS REQUIRED BY THE CODE AND SHALL BE THE

20    ENFORCING AGENCY FOR THIS ACT.  EXCEPT AS PROVIDED IN

21    SUBSECTION (3), A SCHOOL BUILDING SHALL NOT BE CONSTRUCTED,

22    REMODELED, OR RECONSTRUCTED IN THIS STATE AFTER THE EFFECTIVE

23    DATE OF THE AMENDATORY ACT THAT ADDED THIS SECTION UNTIL WRITTEN

24    APPROVAL OF THE PLANS AND SPECIFICATIONS IS OBTAINED FROM THE

25    BUREAU OF CONSTRUCTION CODES INDICATING THAT THE SCHOOL BUILDING

26    WILL BE DESIGNED AND CONSTRUCTED IN CONFORMANCE WITH THE CODE.

27    THIS SUBSECTION DOES NOT APPLY TO ANY SCHOOL BUILDING FOR WHICH



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 1    CONSTRUCTION HAS COMMENCED BEFORE THE EFFECTIVE DATE OF THE

 2    AMENDATORY ACT THAT ADDED THIS SECTION.

 3         (3) THE EXECUTIVE DIRECTOR SHALL DELEGATE THE RESPONSIBILITY

 4    FOR THE ADMINISTRATION AND ENFORCEMENT OF THIS ACT TO THE APPLI-

 5    CABLE AGENCY IF BOTH THE SCHOOL BOARD AND THE GOVERNING BODY OF

 6    THE GOVERNMENTAL SUBDIVISION HAVE ANNUALLY CERTIFIED TO THE CON-

 7    STRUCTION CODE COMMISSION, IN A MANNER PRESCRIBED BY THE COMMIS-

 8    SION, THAT FULL-TIME CODE OFFICIALS, INSPECTORS, AND PLAN REVIEW-

 9    ERS REGISTERED UNDER THE BUILDING OFFICIALS AND INSPECTORS REGIS-

10    TRATION ACT, 1986 PA 54, MCL 338.2301 TO 338.2313, WILL CONDUCT

11    PLAN REVIEWS AND INSPECTIONS OF SCHOOL BUILDINGS.

12         (4) AS USED IN THIS SECTION:

13         (A) "CODE" MEANS THE STATE CONSTRUCTION CODE PROVIDED FOR IN

14    SECTION 4 OF THE STATE CONSTRUCTION CODE ACT OF 1972, 1972 PA

15    230, MCL 125.1504, OR A PART THEREOF OF LIMITED APPLICATION, AND

16    INCLUDES A MODIFICATION OF OR AMENDMENT TO THE CODE.

17         (B) "COMMISSION" MEANS THE STATE CONSTRUCTION CODE COMMIS-

18    SION CREATED BY SECTION 3 OF THE STATE CONSTRUCTION CODE ACT OF

19    1972, 1972 PA 230, MCL 125.1503.

20         (C) "CONSTRUCTION" MEANS THE CONSTRUCTION, ERECTION, RECON-

21    STRUCTION, ALTERATION, CONVERSION, DEMOLITION, REPAIR, MOVING, OR

22    EQUIPPING OF BUILDINGS OR STRUCTURES.

23         (D) "EXECUTIVE DIRECTOR" MEANS THE DIRECTOR OF THE BUREAU OF

24    CONSTRUCTION CODES AS SET FORTH UNDER SECTION 7 OF THE STATE CON-

25    STRUCTION CODE ACT OF 1972, 1972 PA 230, MCL 125.1507.







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